Page:United States Statutes at Large Volume 124.djvu/3778

 124 STAT. 3752 PUBLIC LAW 111–350—JAN. 4, 2011 of information that is exempt from public disclosure under section 552(b) of title 5. § 3305. Simplified procedures for small purchases (a) AUTHORIZATION.—To promote efficiency and economy in con- tracting and to avoid unnecessary burdens for agencies and contrac- tors, the Federal Acquisition Regulation shall provide for special simplified procedures for purchases of property and services for amounts— (1) not greater than the simplified acquisition threshold; and (2) greater than the simplified acquisition threshold but not greater than $5,000,000 for which the contracting officer reason- ably expects, based on the nature of the property or services sought and on market research, that offers will include only commercial items. (b) LEASEHOLD INTERESTS IN REAL PROPERTY.—The Administrator of General Services shall prescribe regulations that provide special simplified procedures for acquisitions of leasehold interests in real property at rental rates that do not exceed the simplified acquisition threshold. The rental rate under a multiyear lease does not exceed the simplified acquisition threshold if the average annual amount of the rent payable for the period of the lease does not exceed the simplified acquisition threshold. (c) PROHIBITION ON DIVIDING CONTRACTS.—A proposed purchase or contract for an amount above the simplified acquisition threshold may not be divided into several purchases or contracts for lesser amounts to use the simplified procedures required by subsection (a). (d) PROMOTION OF COMPETITION.—In using the simplified proce- dures, an executive agency shall promote competition to the max- imum extent practicable. (e) COMPLIANCE WITH SPECIAL REQUIREMENTS OF FEDERAL ACQUISITION REGULATION.—An executive agency shall comply with the Federal Acquisition Regulation provisions referred to in section 1901(e) of this title. § 3306. Planning and solicitation requirements (a) PLANNING AND SPECIFICATIONS.— (1) PREPARING FOR PROCUREMENT.—In preparing for the procurement of property or services, an executive agency shall— (A) specify its needs and solicit bids or proposals in a manner designed to achieve full and open competition for the procurement; (B) use advance procurement planning and market research; and (C) develop specifications in the manner necessary to obtain full and open competition with due regard to the nature of the property or services to be acquired. (2) REQUIREMENTS OF SPECIFICATIONS.—Each solicitation under this division shall include specifications that— (A) consistent with this division, permit full and open competition; and (B) include restrictive provisions or conditions only to the extent necessary to satisfy the needs of the executive agency or as authorized by law. (3) TYPES OF SPECIFICATIONS.—For the purposes of para- graphs (1) and (2), the type of specification included in a solici- tation shall depend on the nature of the needs of the executive